Prolegomena to a Theory of Judicial Power: The concept of judicial independence in Theory and History

Authors

  • Pasquale Pasquino

DOI:

https://doi.org/10.4013/327

Abstract

This paper discusses the exercise of judicial power, analyzing it from a theoretical and historical point of view. It focuses on the independence and impartiality of this power in making decisions, which is different from the other roles played by the State that also involve decision-making activities. It is necessary to understand judicial power as independent in the sense that independence entails impartiality, so that the judge is not subordinated to external powers in a case and the decision does not contain personal elements of the judge.

Key words: Judicial power, independence, impartiality.

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Published

2011-04-04